EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 22 January 2013 is subject:
- specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the EPBC Act, taken in the Western Australian West Coast Rock Lobster Managed Fishery as defined in the Western Australian West Coast Rock Lobster Managed Fishery Management Plan 2012 in force under the Western Australian Fish Resources Management Act 1994,
and impose the following conditions to which the inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are included in the list until 31 May 2013.
Revoking the conditions and imposing the above conditions to which the inclusion of the specimens in the list of exempt native specimens is subject will allow continued export of these specimens until
31 May 2013.
In determining to include the specimens in the list of exempt native specimens regard was had to the Australian Government’s 'Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition'. Those guidelines establish the criteria for assessment of the ecological sustainability of the relevant fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for Sustainability, Environment, Water, Population and Communities must consult such other Commonwealth minister or ministers and such other minister or ministers of each state and self‑governing territory, as the minister considers appropriate. The minister may also consult with such other persons and organisations as the minister considers appropriate. In this instance, the Delegate of the Minister for Sustainability, Environment, Water, Population and Communities consulted with the Department of Fisheries Western Australia as the Department of Fisheries Western Australia has management responsibility for the fishery concerned.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act serves as a critical legislative framework for safeguarding Australia's natural environment and biodiversity, enabling the federal government to intervene in matters that may impact environmental values of national or international significance. The Act was introduced by the Australian Parliament to fill the gap in existing environmental laws, aiming to provide a unified approach to the protection of the environment and biodiversity across the country. In line with the policy objectives of the EPBC Act, the legislative instrument amends the List of Exempt Native Specimens to facilitate the continued export of certain specimens derived from fish or invertebrates, subject to specific conditions, thereby ensuring compliance with the Australian Government's guidelines for the ecologically sustainable management of fisheries.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens instrument, F2013L00634, pertains to specimens that are or are derived from fish or invertebrates taken within the Western Australian West Coast Rock Lobster Managed Fishery. This instrument applies to entities and individuals involved in the legal harvest and export of these specimens, ensuring they are exempt from the trade control provisions applicable to regulated native specimens. The geographic reach of this Act is national, given its enactment under the Commonwealth jurisdiction, but it specifically addresses the management and export of specimens within a defined fishery in Western Australia. The amendment exempts these specimens from trade controls until 31 May 2013, provided they were taken lawfully and fall outside the species listed under Part 13 of the EPBC Act. The Act’s scope does not extend to specimens belonging to endangered or threatened species, thereby excluding those that require stricter control and conservation measures. Any further application or restrictions are subject to modifications through subordinate instruments, allowing for dynamic adjustments to the management and sustainability of the fishery in question.
Key Provisions
The main operative sections of this legislation are Section 303DB and Section 303DC of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303DB establishes the list of exempt native specimens which are exempt from trade control provisions that apply to regulated native specimens. Section 303DC allows for the amendment of this list by revoking existing conditions and imposing new ones. This particular amendment seeks to revoke the conditions on specimens from the Western Australian West Coast Rock Lobster Managed Fishery, taken lawfully, and include them in the list of exempt native specimens until 31 May 2013.
The obligations and requirements imposed by this legislation pertain to the management and lawful taking of specimens from the Western Australian West Coast Rock Lobster Managed Fishery. The specimens must be taken in accordance with the Western Australian Fish Resources Management Act 1994 and the Western Australian West Coast Rock Lobster Managed Fishery Management Plan 2012. The Minister for Sustainability, Environment, Water, Population and Communities must consult with relevant Commonwealth and state ministers, as well as other appropriate persons and organisations, before amending the list of exempt native specimens.
The legislation outlines potential consequences for non-compliance with its provisions. While the explanatory statement does not explicitly mention any offences, penalties, or civil/criminal consequences, it is reasonable to infer that breaches of the EPBC Act and its regulations could result in penalties under the relevant sections of the Act. For example, Section 476 of the EPBC Act provides for fines and imprisonment for serious and repeated breaches of the Act. The maximum penalties for individuals can reach up to $330,000 or five years imprisonment, or both, for serious and repeated breaches. Corporations can face even higher fines, up to $1.65 million for serious and repeated breaches. Additionally, the Minister may also take enforcement action, such as issuing infringement notices or commencing legal proceedings, against individuals or entities that breach the provisions of the EPBC Act.